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2025 DAILYLAW 5891 (KAR)

KURUBA RAMACHANDRA S/O LATE THIPPANNA v. K B VANNURA SWAMY SWAMY S/O NAYAKAPPA

MFA/100279/2022 · 2025-02-05

Hanchate Sanjeevkumar

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Judgment text

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- 1 - NC: 2025:KHC-D:2238 MFA No. 100279 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.100279 OF 2022 (MV-I) BETWEEN: KURUBA RAMACHANDRA S/O. LATE THIPPANNA, AGED ABOUT 54 YEARS, OCC: AGRICULTURIST CUM MILK VENDOR, R/O: PANDIKUNTA VILLAGE, VAJRAKARUR MANDAL, ANANTHAPUR DIST. PRESENTLY R/O: AT AMARAPURA VILLAGE, TQ. AND DIST. BALLARI-583101. …APPELLANT (BY SRI Y. LAKSHMIKANT REDDY, Y. MALATHI REDDY AND S.S. VAKKUND, ADVOCATES) AND: 1. K.B. VANNURA SWAMY S/O. NAYAKAPPA, AGED ABOUT 39 YEARS, OCC: DRIVER OF TRACTOR/TRAILOR BEARING NO.KA-34/T-9570 AND KA-34/T-9571, R/O: KALLUHOLA VILLAGE, BOMMANAHAL MANDAL, ANANTAPUR DISTRICT, A.P.-515871. 2. B. NAGALINGAPPA S/O. LINGAPPA, AGED ABOUT 49 YEARS, OCC: OWNER OF TRACTOR/TRAILOR BEARING NO.KA-34/T-9570 AND KA-34/T-9571, R/O: YERRAGUDU VILLAGE, TQ. AND DIST. BALLARI-583101. 3. THE MANAGER, M/S. BHARATI AXA GENERAL INSURANCE COMPANY LTD., PLOT NO.3/9, GROUND FLOOR, NIRANJAN BUILDINGS, WARD NO.16, RAJ KUMAR ROAD, BALALRI-583101. …RESPONDENTS Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:2238 MFA No. 100279 of 2022 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 21.07.2018 PASSED BY I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-V, BALLARI, IN MVC NO.662/2016 BY ENHANCING THE COMPENSATION FROM RS.3,82,234/- TO RS.9,00,000/- TO THE APPELLANT AND PASS SUCH OTHER ORDER OR ORDERS AS THIS COURT DEEMS FIT IN THE CIRCUMSTANCES IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though four opportunities were given for compliance of office objections, but have been not complied with. Today also for fifth time, the matter is posted for non compliance of office objections, but there is no representation for the appellant nor there is compliance of office objections. Therefore, the appeal stands dismissed for non compliance of office objections. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 2 Sl No.: 75